Supreme Court Throws Out Texas Abortion Law

In a dramatic ruling, the Supreme Court threw out a Texas abortion case earlier today.

The 2013 Texas law, HB 2, was passed to prevent cases like those tried earlier that year involving Kermit Gosnell who was convicted of murder for killing babies that were born alive during abortions. The law required doctors preforming abortions to keep clean, hospital-like rooms for their operations and to have admitting privileges at a nearby hospital.

HB 2 would result in the controversial closing of abortion clinics across the state of Texas.

While this is true, the law would actually not have made it considerably more difficult for a woman to acquire an abortion if she deemed it a necessity, only making the procedures safer and providing further care to the women, or child, if need be.

Both Justices Stephen Breyer and Ruth Bader Ginsburg provided inaccurate assessments of the end results of Texas’ law:

Breyer wrote:

There was no significant health-related problem that the new law helped to cure. We agree with the District Court that the surgical-center requirement, like the admitting-privileges requirement, provides few, if any, health benefits for women, poses a substantial obstacle to women seeking abortions, and constitutes an “undue burden” on their constitutional right to do so.

A sentiment which is obviously untrue given the serious nature of even a routine abortion—there’s risk involved in any procedure.

Ginsburg explained her opposition to the bill:

When a State severely limits access to safe and legal procedures, women in desperate circumstances may resort to unlicensed rogue practitioners, faute de mieux, at great risk to their health and safety.

Meanwhile Texas State Solicitor General Scott Keller argued in court papers that if the court were to uphold the law, an abortion clinic “will remain open in each area where one will close, meaning that over 90% of Texas women of reproductive age will live within 150 miles of an open abortion clinic.”

Donald Trump has not yet tweeted about the Court ruling, but it will likely increase fervor among his supporters who claim the potential for a conservative SCOTUS judge is the election’s most important issue.

This is an important ruling in the conservative combat against abortion, but the fight is not over. States like Oklahoma have recently passed controversial pro-life measures that will remain in the national spotlight keeping focus on the large percentage of Americans who are still fighting for the rights of the unborn.

About the Author

Natalie is a pragmatic Progressive Conservative from Iowa. She works in communications and politics as a Republican staffer, campaign consultant, and supporter of bi-partisan progress. Her preferred pastimes include travel, music, and art. Natalie's major influences include Thomas Paine, George Washington, and George Will.